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2025 Supreme(Ker) 1813

IN THE HIGH COURT OF KERALA AT ERNAKULAM 
P.V.KUNHIKRISHNAN, J.
Nixon S/o. Xavier - Appellant
Vs.
The City Police Commissioner Kochi - Respondent
WP(C) NO. 16614 Of 2025
Decided On : 23-06-2025

Advocates:
Advocate Appeared:
For the Appellant : SRI.SHABU SREEDHARAN
For the Respondent: SHRI.P.NARAYANAN, SENIOR PP SHRI.SAJJU.S., SENIOR G.P.

The court ruled that a person's criminal history shouldn't permanently define them, emphasizing rehabilitation and the removal of unnecessary labels from law-abiding individuals.

Headnote:(A) Indian Penal Code, 1860 - Sections 397, 307, 308, 395, 363, 365 - Kerala Abkari Act - Sections 55(a) and 8(g) - Rowdy history sheet - The petitioner sought removal of his photograph from the rowdy list gallery, claiming reformation and absence of criminal cases for 8 years - The court considered his past acquittals and lack of current charges, emphasizing reformation and societal factors leading to crime - Society must assist individuals in reforming rather than perpetuating criminal labels. (Paras 1, 10, 11, 12)

(B) Criminal Justice System - Reformative Justice - The court held that a person's past does not define their future, emphasizing rehabilitation over punishment - A holistic approach is needed to address the root causes of criminal behavior. (Paras 3, 7)

(C) Privacy and Police Procedure - The judgment clarified the use of rowdy lists for police reference, ensuring confidentiality and mitigating public stigma. (Paras 5, 11)

Facts of the case:
The petitioner, previously identified as a 'rowdy', has not committed any crimes in 8 years and contests the validity of his photograph being displayed in the rowdy gallery, asserting it causes him distress and harms his family.

Findings of Court:
The court affirmed the petitioner’s claims of reformation based on his clean record for the past 8 years, ordering the removal of his name and photograph from the police gallery.

Issues: The main issues addressed were the implications of an individual being labeled as 'rowdy' when no recent offenses have occurred and the ethical considerations of displaying such labels in police records.

Ratio Decidendi: The court emphasized that the justice system should focus on rehabilitation, noting the importance of second chances, while reaffirming the necessity of monitoring individuals with criminal backgrounds as a precautionary measure.

Result: Writ Petition allowed, and ordered to remove the petitioner from the rowdy list.

Table of Content
1. impact of being labeled a rowdy on personal life. (Para 2 , 4)
2. arguments regarding the necessity of maintaining the rowdy label. (Para 5 , 6)
3. rehabilitation and societal factors contributing to criminal behavior. (Para 7 , 10)
4. conclusion on the display of rowdy history and privacy concerns. (Para 11 , 12)

JUDGMENT :

P.V.KUNHIKRISHNAN, J.

If a ‘rowdy cap’ is given to a person, should that cap continue until his death? “Once a rowdy, should be treated as a rowdy always?”. Whether the rowdy history sheet prepared is for familiarising police personnel to know the criminal background of such persons, or whether it should be exhibited in the police station, infringing the privacy of the person? These are the questions to be decided in this case.

2. The petitioner hails from a middle-class Christian family at Fort Kochi. His father is no more, and his mother is aged 70 years and she is having old age ailments. He has two elder brothers, the 1st one is a building contractor and the 2nd one is working as a shop manager at the Faber Galaria in Maradu. All of them are living as a joint family in the tharavadu house, is the submission. The petitioner completed the 10th class. His friends’ circle led him to get involved in several criminal cases, is the submission. However, it is the case of the petitioner that he has not been involved in any criminal case for the last 8 years. He has totally given up his earlier friendships and now leads a quiet life with his family members, is the submission. According to the petitioner, he is working as a supervisor in the building contract works of his eldest brother and is looking after the entire affairs of his mother. It is also the case of the petitioner that he is regularly attending the church on all Sundays, and is pursuing the path of a god fearing man. The elders of his family are looking for a suitable bride for him, is the further submission. But, the grievance of the petitioner is that, his photograph, with his name written thereunder, is seen exhibited in the rowdy list gallery of Fort Kochi Police Station. On enquiry, it is learnt that the 2nd respondent has done the same as per the instructions given by the 1st respondent. According to the petitioner, not even a single crime is registered against the petitioner in the Fort Kochi Police Station, within the jurisdiction of which he has been living throughout his life. It is the case of the petitioner that, exhibiting the photo with the name of the petitioner in the rowdy list gallery of Fort Kochi Police Station has been causing mental agony and suffering not only to him but also to his family members. It will have the effect of ruining the life and future of the petitioner, including his marriage prospects, is the submission. Therefore, it is contended by the petitioner that the exhibition of his photo in the rowdy list gallery of Fort Kochi Police Station is unnecessary, especially because he has not been involved in any criminal case for the last 8 years. In almost all the pending criminal cases, he was acquitted. It is the definite case of the petitioner that he does not even want to remember his past life, and now he is leading the life of a god fearing and law-abiding citizen. He undertakes not to be involved in any criminal case hereafter. Therefore, he submitted that it is very much necessary for him to get his photograph with the name removed from the rowdy history sheet of Fort Kochi Police Station at the earliest. Therefore, the petitioner submitted Ext.P1 representation before the 1st respondent. Ext.P2 is the receipt. The 1st respondent did not take any favourable steps in the representation. Hence, the petitioner approached this Court by filing W.P.(C) No.21176/2024 seeking to direct the respondents therein to remove the photograph with the name of the petitioner from the rowdy history sheet of Fort Kochi Police Station at the earliest. As per Ext.P3 judgment, this Court was pleased to dispose of the said

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